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Achievements
made by landowner groups were not gained without difficulty.
Nevertheless, they have clearly realized that, by pooling their
efforts from their increasing numbers, they can garner sufficient
monetary resources to retain the expertise to effectively
represent their interests at the negotiating table or at public
hearings.
Landowners have been
very pleased with their results thus far. At the same time,
hundreds of landowners are becoming quite knowledgeable in how the
system works in Canada. They certainly acknowledge that
challenging the status quo is much too stressful and expensive for
the individual landowner.
Below are some results achieved
thus far by CAPLA members:
●
OPLA
Successfully intervened in
a 1994 NEB public hearing in London dealing with an application by Interprovincial Pipeline Inc. (IPL) to convert a crude oil
pipeline (Line 8) to natural gas. OPLA members were concerned
about the potential adverse environmental impacts, safety and
liability of IPL’s proposal and pooled their resources to put
forth an excellent intervention, complete with experienced legal
representation, renowned expert witnesses and a well-received
landowner panel. As a result of OPLA’s intervention, IPL’s
application to the NEB was denied because of concern for public
safety.
● GAPLO-Union
Members were faced in recent years
with numerous requests by Union Gas a subsidiary of West Coast
Energy Inc., for integrity digs on their properties. Members
realized the potential long-term significance of these digs. They
formed a solid organization and successfully negotiated fair and
equitable settlement with Union Gas Limited to govern the
procedure and landowner compensation integrity digs.
● GAPLO-Vector
Landowners quickly
formed an organization in 1998 and prepared to intervene in an
application by Vector Pipelines to the NEB for approval to
construct a natural gas pipeline. Again, by pooling their
resources and hiring specialized legal counsel and expert
witnesses, GAPLO-Vector landowners were able to negotiate fair
settlement just prior to the NEB public hearing in Sarnia,
Ontario, which included provisions designed to protect the
integrity of agricultural soils providing for landowner
compensation, dispute resolution and indemnification from the
pipeline company for any damages on claims arising as a result of
its operations.
● GAPLO-St. Clair
Landowners
were notified in June, 1997 that a new right-of-way easement and
gas line might be going through their property. A high proportion
of affected landowners formed the organization, obtained legal
representation and subsequently began negotiations with St. Clair
Pipelines on new easement and construction procedures for this
pipeline. In the end, the pipeline project did not go ahead.
● GALLO
Supported landowners affected by
gas storage, hired legal counsel and expert witnesses, and
prepared to intervene in an OEB public hearing in Sarnia,
Ontario in February 2000. Just hours before commencement of the
OEB hearing, the landowners came to an agreement with Union Gas
which includes mitigation measures to protect the integrity of
agricultural soils, restrictions on the company’s ability to
terminate or assign the easement agreement / storage lease,
indemnification for damages caused by the company’s operations,
mechanisms for dispute resolution and provision for a review of
the company’s facilities from a safety perspective.
● MPLA
Landowners had their fifth Enbridge pipeline installed in 1999. They were able to negotiate
an agreement with Enbridge for compensation for crop loss and
disturbance damages arising from construction of the new line. |
